SANJAY KUMAR PANDEY Vs. STATE OF JHARKHAND AND OTHERS
LAWS(JHAR)-2017-8-193
HIGH COURT OF JHARKHAND
Decided on August 08,2017

SANJAY KUMAR PANDEY Appellant
VERSUS
State Of Jharkhand And Others Respondents

JUDGEMENT

Pramath Patnaik, J. - (1.) In the instant writ application, the petitioner has sought for direction upon the respondents to appoint the petitioner on the post of Constable in pursuance to advertisement being advertisement No. 01 of 2004.
(2.) The brief facts of the case, as disclosed in the writ application, is that in pursuance to advertisement published for appointment of Constable, the petitioner appeared and become successful in the test taken by the respondents. Initially the height of the petitioner was measured by the officers of the respondents as 174 cms. but subsequently for the reasons best known to the respondents, the height of the petitioner was re-measured and it was reduced to 170 cms. Accordingly, the marks given to the petitioner has also been reduced from 174 to 170 cms. Consequently, the petitioner is out of selection list and he has not been appointed on the aforesaid post.
(3.) Mr. Saurabh Shekhar, learned counsel for the petitioner submits that because of the subsequent measurement, which has led to reduction of the height, petitioner has been grossly prejudiced because he is out of contention for the selection to the post of Constable. Learned counsel for the petitioner during course of hearing has referred to the decision of this Court dated 04.01.2012 passed in W.P.(S) No.448 of 2008 (Mithlesh Kumar Gupta v. The State of Jharkhand & Ors.). By referring to the aforesaid decision, learned counsel for the petitioner submits that petitioner is ready and willing to go to Civil Surgeon, Palamau for measurement of the height and report may be called for from the Civil Surgeon, Palamau, which can be considered by the respondent authorities.;


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